**TOXIC SUBSTANCES CONTROL ACT** [As Amended Through P.L. 107

–377, December 31, 2002] TITLE I

— CONTROL OF TOXIC SUBSTANCES

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**SEC. 2. FINDINGS, POLICY, AND INTENT.** (a) FINDINGS.

—The Congress finds that

— (1) human beings and the environment are being exposed each year to a large number of chemical substances and mixtures. (2) among the many chemical substances and mixtures which are constantly being developed and produced, there are some whose manufacture, processing, distribution in commerce, use, or disposal may present an unreasonable risk of injury to health or the environment; and (3) the effective regulation of interstate commerce in such chemical substances and mixtures also necessitates the regulation of intrastate commerce in such chemical substances and mixtures. (b) POLICY.

— It is the policy of the United States that

— (1) adequate data should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such data should be t he responsibility of those who manufacture and those who process such chemical substances and mixtures; (2) adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and (3) authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary econom ic barriers to technological innovation while fulfilling the primary purpose of this Act to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment. (c) INTENT OF CONGRESS.

— It is the intent of Congress that the Administrator shall carry out this Act in a reasonable and prudent manner, and that the Administrator shall consider the environmental, economic, and social impact of any action the Administrator takes or proposes to take under this Act. [15 U.S.C. 2601]

*** **SEC. 11. INSPECTIONS AND SUBPOENAS.**
(a) IN GENERAL.

— For purposes of administering this Act, the Administrator, and any duly designated representative of the Administrator, may inspect any establishment, facility, or other premises in which chemical substances, mixtures, or products subject to title IV are manufactured, processed, stored, or held before or after their distribution in commerce and any conveyance being used to transport chemical substances, mixtures, such products, or such articles in connection with distribution in commerce. Such an inspection may only be made upon the presentation of appropriate credentials and of a written notice to the owner, operator, or agent in charge of the premises or conveyance to be inspected. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness and shall be conducted at reasonabletimes, within reasonable limits, and in a reasonable manner.

(b) SCOPE.

— (1) Except as provided in paragraph (2), an inspection conducted under subsection (a) shall extend to all things with in the premises or conveyance inspected (including records, files, papers, processes, controls, and facilities) bearing on whether the requirements of this Act applicable to the chemical substances, mixtures, or products subject to title IV within such pre mises or conveyance have been complied with. (2) No inspection under subsection (a) shall extend to

— (A) financial data, (B) sales data (other than shipment data), (C) pricing data, (D) personnel data, or (E) research data (other than data required by this Act or under a rule promulgated thereunder), unless, the nature and extent of such data are described with reasonable specificity in the written notice required by subsection (a) for such inspection. (c) SUBPOENAS.

— In carrying out this Act, the Administrator may by subpoena require the attendance and testimony of witnesses and the production of reports, papers, documents, answers to questions, and other information that the Administrator deems necessary. Witnesses s hall be paid the same fees and mileage that are paid witnesses in the courts of the United States. In the event of contumacy, failure, or refusal of any person to obey any such subpoena, any district court of the United States in which venue is proper shal l have jurisdiction to order any such person to comply with such subpoena. Any failure to obey such an order of the court is punishable by the court as a contempt thereof. [15 U.S.C. 2610]